Mitsaqan Ghalizan

KONSEP WALI ‘ADHAL DALAM KASUS PENOLAKAN WALI KARENA FAKTOR NASAB: ANALISIS YURIDIS TERHADAP PUTUSAN PENGADILAN AGAMA PALANGKARAYA

2025-12-03T20:24:53+00:00

This article provides a juridical analysis of guardians’ refusal based on lineage considerations within the framework of Islamic law and Indonesian positive law through the case study of a decision issued by the Palangkaraya Religious Court. The refusal of a guardian (wali) to permit the marriage of a woman under his guardianship without valid Islamic grounds especially due to differences of social or lineage status constitutes aḍhal behavior that violates the woman’s right to choose her spouse. Using a normative legal approach combined with a case analysis of the court’s decision, this study demonstrates that Islamic law, the Compilation of Islamic Law (KHI), and national legislation provide strong protections for women’s rights, including the use of wali hakim as an institutional remedy for aḍhal guardians. The court’s reasoning confirms that lineage considerations cannot be used as legitimate grounds for rejecting marriage consent. The article concludes that the judiciary plays an essential role in ensuring justice and safeguarding women’s autonomy, while societal reinterpretation is needed to eliminate discriminatory practices in marriage.

KONTRIBUSI MANAJEMEN PENGELOLAAN ZAKAT PRODUKTIF DALAM MENGANTISIPASI ANCAMAN RESESI EKONOMI GLOBAL

2025-12-04T02:21:49+00:00

Economic recession is a condition of declining global economic growth that has the potential to weaken a country's stability and affect the domestic economy at large. Amid this threat, Islamic economics offers a system that aims to ensure socio-economic justice through Islamic philanthropic instruments, namely Zakat, Infaq, Sedekah, and Wakaf (ZISWAF). This study aims to analyze the contribution of productive zakat and the urgency of applying modern management in its administration as a strategic strategy to anticipate the impact of global recession. The method used in this study is qualitative with a library research type and a conceptual approach. The results of the discussion show a significant difference between consumptive zakat and productive zakat. Consumptive zakat is short-term in nature and is used to fulfill basic needs. In contrast, productive zakat is oriented towards long-term empowerment through the provision of business capital, which is expected to have a multiplier effect. This mechanism aims to improve the standard of living of mustahiq (zakat recipients) so that they become economically independent and transform into muzakki (zakat givers) in the future. This transformation will encourage increased consumption and economic scale, creating economic growth accompanied by equality. In addition, managing institutions such as the Zakat Management Agency (BAZ) must apply the principles of transparency and accountability by publishing financial reports to the public in order to gain public trust.

REORIENTASI KEADILAN DALAM HUKUM KELUARGA ISLAM: GAGASAN KESETARAAN HAK SUAMI-ISTRI ERA KONTEMPORER

2025-12-02T06:26:51+00:00

This article examines the issue of unequal rights between husbands and wives in Islamic family law in Indonesia, particularly as reflected in the Compilation of Islamic Law (KHI) and the practice of religious courts. Although Islamic family law aims to promote harmony and justice within the household, several provisions still reflect patriarchal biases that disadvantage women, including the doctrine of wifely obedience, unilateral divorce rights for husbands, and the legitimization of polygamy. In addition, the prevalence of unregistered marriages (nikah siri) and divorces conducted outside court procedures further weakens legal protection for women and children. Using a normative-analytical approach, this article argues that gender inequality in Islamic family law does not originate from the principles of Sharia itself, but from historical interpretations and patriarchal sociocultural structures embedded in legal norms. Therefore, reforming Islamic family law is necessary to ensure alignment with the objectives of maqāṣid al-sharī‘ah justice, public welfare, and the protection of human dignity. This article offers several reform strategies, including revising discriminatory articles of the KHI, strengthening marriage registration systems, improving gender-sensitive legal literacy, and increasing women’s participation in legislative and policy-making processes. Through these efforts, Islamic family law can develop into an egalitarian and contextually relevant system capable of advancing substantive justice in modern society.

TATA KELOLA KEUANGAN NEGARA DALAM INVESTASI CRYPTOCURRENCY OLEH DANANTARA:TINJAUAN MAQHASID SYARIAH

2025-12-01T13:48:18+00:00

As technology adoption accelerates and global cryptocurrency popularity rises, countries are beginning to view cryptocurrencies as strategic alternative investments. In Indonesia, Danantara has emerged as a Superholding institution and Sovereign Wealth Fund managing state-owned assets on a large scale. Investments in crypto assets like Bitcoin offer high-profit potential but also carry significant risks that could lead to state losses. This study highlights the urgency of synergy among institutions such as the Ministry of Finance, Bank Indonesia, the Audit Board (BPK), and the Financial Services Authority (OJK) in building a transparent oversight and accountability system. Additionally, the author emphasizes the need for clear regulations regarding Danantara's accountability in the event of investment losses, especially considering the high volatility of crypto asset values and the absence of explicit rules protecting state financial interests. This study aims to provide a solid legal and governance foundation to minimize fiscal risks and ensure the professional and responsible management of public investments. This aligns with the principles of Maqhasid Syariah, which includes the meaning of protecting wealth in the context of national wealth

PENODAAN AGAMA DI INDONESIA: PROBLEMATIKA REGULASI DAN PERAN KEPOLISIAN

2025-12-01T13:51:06+00:00

In the era of modernization at this time, the intersection of religious life in Indonesia often experiences friction and violations of blasphemy or blasphemy. This research is to find out and analyze regulations related to the crime of blasphemy in the written positive law in Indonesia and the procedures of the Police in handling non-criminal blasphemy.The type of research used in this study is normative legal research. The results of the research: First: The regulation of the crime of blasphemy or hate speech against religion through internet media whose offense is listed in the Electronic Information and Transaction Law is part of the offense of blasphemy regulated in the provisions of Article 156a of the Criminal Code so that perpetrators who meet the elements as referred to in the Criminal Code, if it is carried out through internet media, can be subject to the provisions of speech hatred against religion as stipulated in Article 27A and Article 28 paragraph (2) of the Electronic Information and Transaction Law. Second: Handling of blasphemy crimes by the Police which is the implementation of the criminal investigation function which has now also been established The Directorate of Cyber Crimes (Dittipidsiber) is a work unit under the Criminal Investigation Branch of the National Police and is tasked with enforcing the law against cybercrime with stages in handling blasphemy crimes on the basis of reporting and/or complaints from a person or the community or based on information reports Preceded by an investigation and investigation plan, an investigation and investigation plan.